Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
CRW16 v Minister for Immigration and Border Protection [2018] FCA 710 Appeal from: CRW16 v Minister for Immigration and Border Protection [2017] FCCA 984
File number: NSD 819 of 2017
Judge: FLICK J
Date of judgment: 21 May 2018
Catchwords: MIGRATION – fast track reviewable decision – review by Immigration Assessment Authority – where Applicant made a request for information under Freedom of Information Act 1982 (Cth) – where request for information made after the application referred to the Authority for review – where Authority proceeded to make its decision on the review before the request for information was finalised ADMINISTRATIVE LAW – exclusion of the common law rules of natural justice – statutory provisions an exhaustive statement of the hearing rule ADMINISTRATIVE LAW – unreasonableness – conferral of greater procedural entitlements than natural justice
Legislation: Freedom of Information Act 1982 (Cth) Migration Act 1958 (Cth) Pt 7AA, ss 51A, 357A, 422B, 473BA, 473CA, 473CB, 473CC, 473DA, 473DB, 473DC, 473DD, 473DE Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014 (Cth)
Cases cited: Annetts v McCann (1990) 170 CLR 596 Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223 Commissioner of Police (NSW) v Tanos (1958) 98 CLR 383 CRW16 v Minister for Immigration and Border Protection [2017] FCCA 984 DBE16 v Minister for Immigration and Border Protection [2017] FCA 942 DGZ16 v Minister for Immigration and Border Protection [2018] FCAFC 12 Gypsy Jokers Motorcycle Club Inc v Commissioner of Police (WA) [2008] HCA 4, (2008) 234 CLR 532 Heatley v Tasmanian Racing and Gaming Commission (1977) 137 CLR 487 Kioa v West (1985) 159 CLR 550 Minister for Immigration and Border Protection v AMA16 [2017] FCAFC 136 Minister for Immigration and Border Protection v CRY16 [2017] FCAFC 210 Minister for Immigration and Citizenship v Li [2013] HCA 18, (2013) 249 CLR 332 Plaintiff M174/2016 v Minister for Immigration and Border Protection [2018] HCA 16 Plaintiff S10/2011 v Minister for Immigration and Citizenship [2012] HCA 31, (2012) 246 CLR 636 R v Thames Magistrates' Court; Ex parte Polemis [1974] 1 WLR 1371 Re Minister for Immigration and Multicultural Affairs; Ex parte Miah [2001] HCA 22, (2001) 206 CLR 57 Rogers v Law Coast Mortgages Pty Ltd [2002] FCA 181 SZNSI v Minister for Immigration and Citizenship [2010] FCA 223 Zhaou v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 748
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